Ethan Couch's juvenile offense was adjudicated under Determinate Sentencing. This gives the state the option to petition the juvenile court to transfer his case to the jurisdiction of the criminal district court (Big Boy adult court.)
The state has to file the petition in a timely manner prior to his 19th birthday, which is in April, 2016. Tarrant County did so prior to the surfacing of the beer pong video.
A determinate sentence transfer hearing is set for January 19.
If (when) his case is transferred to district criminal court, the remaining time left on his probated sentence is still in effect. He will be accountable for any future violations and subject to revocation that could result in much longer Big Boy prison time.
IMO, it was a strong likelihood from the beginning that his case would transfer to criminal district court; his recent actions have essentially guaranteed that a judge will grant the transfer motion.
No worries if he is not back in Texas by that date.
(Emphasis added)
Sec. 51.0412. JURISDICTION OVER INCOMPLETE PROCEEDINGS. The court retains jurisdiction over a person, without regard to the age of the person, who is a respondent in an adjudication proceeding, a disposition proceeding, a proceeding to modify disposition, a proceeding for waiver of jurisdiction and transfer to criminal court under Section 54.02(a), or a motion for transfer of determinate sentence probation to an appropriate district court if:
(1) the petition or motion was filed while the respondent was younger than 18 or 19 years of age, as applicable;
(2) the proceeding is not complete before the respondent becomes 18 or 19 years of age, as applicable; and
(3) the court enters a finding in the proceeding that the prosecuting attorney exercised due diligence in an attempt to complete the proceeding before the respondent became 18 or 19 years of age, as applicable.
http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.51.htm
In other words, Ethan Couch cannot run out the clock by staying out of the United States unless he manages to do that forever.
The DA's office is looking at whether the transfer hearing can be held in absentia, but they told the Dallas Observer that the courts are more restrictive over absentia proceedings that fall under the jurisdiction of juvenile justice.
Rather than risk any reverals by a higher court on an absentia issue, I'd prefer they rely upon Sec. 51.0412 above and wait until he is eventually back in Texas to proceed with the transfer hearing. Just my lay opinion.
True that any violations of his probation prior to a transfer to district court are under the jurisdiction of the juvenile justice court and, as such, are limited as to how long he might have to serve for his latest shenanigans, but he is not in the clear for the future by any stretch.
